MDE Issues Draft Construction General Permit

Maryland’s draft CGP is out for public comment – and it includes significant changes for land disturbers.

Maryland’s draft CGP is out for public comment – and it includes significant changes for land disturbers.

On September 25, 2020, Maryland Department of the Environment (MDE) published the new draft General Permit for Stormwater Associated with Construction Activity (CGP) in the Maryland Register, kicking off the public comment period that will close December 24, 2020.  We anticipate that the permit could be effective as early as late Winter 2021, and will update you in Field Notes as we learn more.  WSSI has reviewed the draft, and noted a number of proposed changes that will impact land disturbing activities across the state.

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Atlantic Pigtoe Proposed Listed as Threatened, May Impact Future Va. and NC Projects

On September 22, 2020, the U.S. Fish and Wildlife Service (USFWS) announced a 30-day reopening of the comment period for the Atlantic pigtoe mussel (Fusconia masoni) for listing as federally threatened under the Endangered Species Act.  If the Atlantic pigtoe is listed, all projects across the named central Virginia and North Carolina river basins requiring federal agency consult – such as wetland permits, FEMA approvals, or federally-funded road projects – will have to address the species and its critical habitat.  The listing was first proposed in October 2018, however since that time, the USFWS has prepared a 4(d) rule and proposed critical habitat for the mussel.  The comment period closes October 22, 2020.

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Atlantic pigtoe may be listed as threatened under the ESA

Atlantic pigtoe may be listed as threatened under the ESA


Frederick County, MD’s “No Net Loss” Forest Legislation Brings Changes for Land Development

Frederick Co., MD’s new tree policies are changing land development in the county

Frederick Co., MD’s new tree policies are changing land development in the county

The Frederick County (Maryland) Council recently passed two bills in a move to ensure “no net loss” of forest and to protect more mature forests and existing environmental resources from future development - Bill 20-08 on July 21, 2020 and Bill 20-07 on August 4, 2020.  The changes will require a minimum of 1:1 replacement for any forest clearing as well as reduce net density on many properties.  Wetland Studies and Solutions, Inc. (WSSI) has reviewed the new laws; read on for details about how these changes will impact your projects.

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Endangered and Threatened Species Alert: Survey Window for the State-Threatened Wood Turtle Opens Soon

WSSI scientist handling a wood turtle.

WSSI scientist handling a wood turtle.

If your project site in northern Virginia includes a clear, moderate- to fast-flowing perennial stream and a relatively undisturbed floodplain, it may be home to the wood turtle (Glyptemys insculpta).  As a state-threatened species in Virginia, the wood turtle is protected by state endangered species laws.  You can minimize the impact this species can have on your project schedule by having WSSI conduct a wood turtle survey early in the development process – preferably when the turtle enters the aquatic phase from approximately November to early April (depending on water temperatures).

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Tree Radar Unit Gives WSSI Arborists Critical Data

WSSI arborists have acquired a Tree Radar Unit (TRU) for predicting what’s happening underground with roots and surrounding infrastructure without disturbing the landscaping, paving, or soil!  We’re using this ground penetrating radar (GPR) hardware and software system - optimized for tree root detection - to help our clients make data-driven design and construction decisions for tree preservation projects.  We can also look at how roots interact with underground utility assets, and help providers make plans to ensure infrastructure integrity and service reliability.  Read more to learn about how this new tool can benefit your projects.

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WSSI arborist using the TRU along sidewalks to examine tree root interaction with utility lines

WSSI arborist using the TRU along sidewalks to examine tree root interaction with utility lines


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